Thursday, February 01, 2018

Ros in the Lords - Environment: 25-year plan


On Monday, Ros was in action again, during a debate on the Government's 25-year plan for the environment. Now, one must always be suspicious of any document which talks about aspiration but leaves much of the detail to the imagination, especially from a Government as inadequate and incompetent as this one, but...


I start by offering a welcome to this 25-year plan for the environment, even though it is by no means perfect and has been justifiably criticised as heavy on aspiration and light on detail. The plan outlines some progress that has been made: it highlights significant improvements in water quality made in recent decades. Most of us in this House are old enough to remember that we were once “the dirty man of Europe”; bathers waded through raw sewage on their trips to the seaside. So what does success look like? Last May the European Environment Agency reported that in 2016 96% of Europe’s beaches met the basic standards and 85% met the most stringent requirements. How do you achieve such success and what can we learn from it?
It started with campaign groups making a fuss and raising awareness among the general public, leading to political pressure. The response to that was legislation that included binding targets, an enforcement regime and penalties. This changed behaviour. Pressure groups continue to act to highlight shortcomings and the whole process becomes iterative. Of course, because water quality is a cross-border issue, EU legislation such as the bathing water directive and the water framework directive were the legislative underpinning. It seems to me that campaigning groups are fundamental to holding Governments’ feet to the fire. In recent years changes to charity law have been made regarding what the Government describe as “lobbying” but is in fact the rightful campaigning role of this sector. The rules have been described as having “a chilling effect” on charities’ ability to get their concerns across, especially during election time. These groups must be able to tell truth to power.
The plan recognises that many of the proposals will need to be put on a statutory footing. However, there is already a huge body of existing EU legislation which does much of this work: around 80% of the UK’s environmental law comes from the European Union. A number of environmental organisations have expressed the view that the provisions in the withdrawal Bill simply do not provide sufficient safeguards, while constitutional experts query the legal status of retained EU law: we will continue that debate tomorrow. Many of the objectives in the plan are weak, they lack statutory force and targets remain aspirational. The Government have already missed non-binding targets for halting biodiversity decline, phasing out horticultural peat, achieving good ecological status for water and others. Some objectives are unambitious. For example, the target for water quality does not set a date for achieving good ecological condition, unlike the water framework directive, which does. Experience of climate change legislation shows that targets should include realistic delivery dates, with milestones for achieving them.
As we have heard, the plan commits to an independent environmental watchdog as a replacement for enforcement at EU level. For such a body to be effective, it must be properly resourced. We are currently seeing serious funding issues with other statutory regulators, such as the Charity Commission, Natural England and the Marine Management Organisation. This has to be a concern. Such a body must have an effective complaints mechanism and access to remedies for the whole of ​civil society, and should definitely be accountable to Parliament, not to government. As the Minister emphasised, cross-border working is essential to delivering the plan. A new post-Brexit framework for international co-operation must be a priority. The Defra website names 40 international agreements on environmental matters to which the UK is a signatory. Can the Minister say how many of these we are signed up to as a consequence of EU membership and how many in our own right? Are there any we would not seek to rejoin? I am sure that the House would like an assurance that the fact that many of these agreements are justiciable in international courts will not be a bar to our continued membership.
The 25-year plan must address the UK’s impact on nature overseas. We are dependent on natural resources embedded in our imports: 70% of the water consumed here comes from imports, as does about one-third of biomass. Is the Minister able to give an assurance about the important role played by European funded research projects? Can he say that every effort will be made to see that the UK remains engaged in the same way that other non-EU member states, such as Norway, currently do? This issue was highlighted in the EU Select Committee report into regional co-operation in 2015. We noted then that the economic and environmental importance of shelf seas, such as the North Sea, is four times higher than the open ocean. We found that a lot of data is collected but not widely shared or fully utilised. However, one mechanism that exists for doing this is the European Marine Observation and Data Network, so can the Minister say whether we will continue to participate in its projects? In a similar vein, the RSPB has highlighted the value of European funding for environmental projects such as LIFE and BEST, not just here in the UK but in the British Overseas Territories. Is the Minister able to tell the House the current thinking on projects such as these?
Last summer I fulfilled a long-held dream to visit Svalbard and came away with both wonderful memories and serious concerns about the rapid environmental changes which were evident even to a visitor such as me. We were given strict instructions to leave nothing behind and take nothing away. The one exception to that rule was litter, which we were encouraged to collect and take back to the ship. Among my stash, there in the high Arctic, just a few hundred miles from the North Pole, I found, washed clean by the ocean’s currents, a polystyrene burger box. It is a reminder that pollution and environmental problems know no boundaries and that we can tackle them only if we work together.

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